§445. Guidelines for shoreland zoning along significant river segments
In addition to the guidelines adopted under section 438-A, the following guidelines for the protection of the shorelands shall apply along significant river segments identified in section 437. These guidelines are intended to maintain the special values of these particular river segments by protecting their scenic beauty and undeveloped character. [PL 1989, c. 403, §13 (AMD).]
1. New principal structures. New principal structures, except for structures related to hydropower facilities, shall be set back a minimum of 125 feet from the normal high-water line of the river. These structures shall be screened from the river by existing vegetation.
[PL 1989, c. 403, §13 (AMD).]
2. New roads. Developers of new permanent roads, except for those providing access to a structure or facility allowed in the 250-foot zone, shall demonstrate that no reasonable alternative route outside of the zone exists. When roads must be located within the zone, they shall be set back as far as practicable from the normal high-water line and screened from the river by existing vegetation.
[PL 1989, c. 403, §13 (AMD).]
3. New gravel pits. Developers of new gravel pits shall demonstrate that no reasonable mining site outside of the zone exists. When gravel pits must be located within the zone, they shall be set back as far as practicable from the normal high-water line and no less than 75 feet and screened from the river by existing vegetation.
[PL 1989, c. 403, §13 (AMD).]
SECTION HISTORY
PL 1985, c. 481, §A94 (NEW). PL 1989, c. 403, §13 (AMD).
Structure Maine Revised Statutes
TITLE 38: WATERS AND NAVIGATION
Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS
Subchapter 1: ENVIRONMENTAL PROTECTION BOARD
Article 2-B: MANDATORY SHORELAND ZONING
38 §436. Definitions (REALLOCATED FROM TITLE 12, SECTION 4811-A) (REPEALED)
38 §437. Significant river segments identified (REALLOCATED FROM TITLE 12, SECTION 4811-B)
38 §438. Municipal control (REPEALED)
38 §438-A. Municipal authority; state oversight
38 §439. Requirements (REALLOCATED FROM TITLE 12, SECTION 4812-A) (REPEALED)
38 §439-A. Additional municipal powers, limitations
38 §439-B. Contractors certified in erosion control
38 §440. Federal flood insurance (REALLOCATED FROM TITLE 12, SECTION 4812-B)
38 §441. Code enforcement officers (REALLOCATED FROM TITLE 12, SECTION 4812-C)
38 §442. Municipal failure to accomplish purposes (REPEALED)
38 §443. Cooperation (REPEALED)
38 §443-A. Cooperation; enforcement
38 §444. Enforcement (REALLOCATED FROM TITLE 12, SECTION 4815)
38 §445. Guidelines for shoreland zoning along significant river segments
38 §446. Municipal ordinance review and certification
38 §447. Functionally water-dependent use zones
38 §448. Municipalities establish commercial fishing and maritime activity zones